In the beginning of the present century, the police had to deal with three factors
peculiar to the Gorakhpur district, in the shape of criminal tribes of Badhaks, the Doms
and the armed gangs of dacoits from beyond the Nepal border. Near about 1900, the Doms
were then unregenerate robbers and thieves and were associated with numerous crimes. At
the same time Badhaks had lost their old love for dacoity and robbery and had taken to
cultivation. The bad characters living just across the border in Nepal territory continued
to be troublesome and organized dacoity was very common in the north of the district.
Elsewhere crime was as usual in rural tracts. The most common were petty theft, burglary,
criminal trespass often resulting in agrarian riots, cattle thefts and occasional murders.

Organisation
of Police

At the beginning of the British rule the tahsildars, who were revenue contractors, were
supposed to maintain an adequate police force but they could not do justice to this part
of their duties. Consequently in 1809 a special force of barkandaz was set up to protect
the treasuries and escort consignment of treasuries. They were posted at tahsils and at a
few important places along the main roads (or high-ways), while a strong contingent of
mounted police patrolled the Avadh border. In 1818 this force was further strengthened and
the number of police-stations was largely increased. In 1861 constabulary, consisting
mainly of discharged soldiers was formed. It was principally an armed unit functioning
under British officers taken from the Indian army. In 1866 the armed and civil police were
separated. In 1903, on the re-organisation of the mounted police, Gorakhpur became a troop
headquarters. In 1907, the municipal police too was converted into regular constabulary.
In addition there was town and notified areas, road patrols on the State highways, village
chaukidars and goraits or watchman. The last were a residue of the old system where in the
village watchman was the landholder's employee receiving a piece of land in lieu of his
services.

At present the district is included in
the Gorakhpur police range under the superior charge of a deputy inspector general of
police with headquarters at Gorakhpur. The district police is divided into two broad
divisions - the civil police and the armed police.

Civil Police:- The police force of the district is under the control of a senior superintendent
of police who assisted by an additional superintendent, as assistant superintendent and
five deputy superintendents of police, besides other staff.

For the maintenance of law and order the
district has been divided into six police circles, each under the charge of a circle
officer of the rank of assistant superintendent or deputy superintendent of police.

The institution of village chowkidars who form the lowest link in the police organization
may be traced to a period when there existed no regular police and when each village had
its own chowkidar to assist the village headman in maintaining law and order and guarding
crops and property. He was then the servant of the village community and was remunerated
with a share if their produce by the cultivators. Later, he was placed under the control
of the zamindars and also paid by them, his duties being the same. Sometimes he was given
a piece of land by the zamindar instead of wages.

By the North-Western Provinces Village and road
Police Act, 1873, the district magistrate was made the appointing and dismissing authority
of the village chowkidars. The actual control and supervision over them, however, rested
with the superintendent of police, an arrangement that still continues. They are attached
to the police-stations and are paid by the government. Their main duty is to report
to the local police the occurrence of important crimes and other incidents in their areas.
They also act as process servers of the nyay panchayats for which they are paid
separately. The number of chowkidars was 1751 in 1974, in the district.

Pradeshik Vikas
Dal
This is a voluntary originally, set up in the district under the name of Prantiya Rakshak
Dal, to mobilize rural man power, carry out youth welfare activities in the rural areas
and organize villagers for self-defence. The paid staff now consists of a district
organizer, 17 block organizer and a physical training instructor, the unpaid staff
comprising of 31 block commanders, 293 halqal sardars (circle leaders), 2658 dolpatis
(group leaders), 7974 toli nayaks (section leaders) and 79,740 rakshaks :
Member of the organisation are sometimes assigned duty in fairs and in works relating to
shramdan (voluntary contribution of labour), poultry, adult education, mass
tree-plantation, etc. They are called upon to guard and patrol vulnerable points during
emergencies or to assist during fires, floods etc.

Government
Railway Police
Gorakhpur section of the government railway police is one of the five such section in the
State. Its jurisdiction covers about 1530 km. of North-Eastern Railway. For the district
there is a government railway police-station at Gorakhpur which is staffed by 7
sub-inspectors, 2 assistant sub-inspectors and 54 constables.

The duties of the government railway police as
regards the areas in their jurisdiction correspond in general to those of the district
police in the areas under their charge. In addition they maintain law and order at the
railway station including the running and stationed trains. They examine empty carriages
and enquire into accidents on railways and offences committed in their area. When
necessary they also regulate the passenger traffic within the station premises.

Jails
and Lock-ups

District Jail
:-
A jail at Gorakhpur apparently existed in the earliest days of the British rule, but its
site is not traceable. Between 1840 and 1845 a jail building was erected in muhalla
Basantpur, on the site of Raja Basant Singh's fort, overlooking the Rapti. This building
proved very unsatisfactory and the health of the prisoners suffered to such an extent that
in 1889 an enquiry was made and it was condemned. Accordingly, a new building was
constructed in 1894-95, to the south-east of the road to Pipraich and to the north of the
railway settlement. It is an extensive brick structure covering an area of 7.6 ha and was
then the most modern in the whole of the State. The old buildings were demolished, except
the portion which was made over to the opium department in 1903. The jails has been
functioning in this building since the beginning of 1897 and is now under a whole-time
superintendent who is assisted by a jailor, two deputy jailors and three assistant
jailors, besides some other staff. The 19 bed jail hospital is looked after by an
assistant medical officer. The deputy chief medical officer (medical) also visits the
hospital twice a week. The inspector general of prisons, U.P., who has his headquarters at
Lucknow is the head of the department for all matters relating to the administration of
jail.

The jail has accommodation for 720 prisoners, their
daily average population since 1971 being as follows :------------------------------------------------------------------------------
Year
Convicts
Prisoners Under trial
------------------------------------------------------------------------------
1971
258
178
1972
269
109
1973
215
176-----------------------------------------------------------------------------
The main industries employing the jail inmates are that of niwar (thick wide cotton tape
used as webbing of cots, etc.), durrie (carpets), bed-sheets, towels, dusters, dusooti (a
variety of cotton cloth) and moonj mats. The jail also has a small workshop in which
cotton thread is spun by Ambar charkhas which is consumed in the jail for the manufacture
of different items. The prisoners are also trained in agriculture and horticulture in the
two agricultural farms and an orchard managed by the jail authorities.

Welfare of Prisoners:- Prisoners and under trials were formerly divided into three categories 'A', 'B' and 'C'
but since 1948 they are classified only as 'superior and 'ordinary'. The treatment of
prisoners and under-trails along humane lines has improved considerably after 1947. They
are now paid regular wages for the work they do in jail. They are also allowed to receive
money from relatives for personal needs. They encouraged to learn the three R's and take
part in constructive activities. They are provided with newspaper from the jail library.
Educational and recreational programmes, such as indoor games, dramatic and musical
performances, religious discourses, etc., are also arranged for them.

Revising Board :-
For periodical review of cases of all the convicts sentenced to terms of imprisonment of
three years or more, there is a revising board to examine the cases deserving pre-mature
release.

Official Visitors
:- The ex-officio visitors of the jail are the director of medical health services, U.P.,
the commissioner of the Division and the district and sessions judge.

Non-official Visitors
:- The State Government also appoints non-official visitors for the jail from among
prominent citizens of the district, who are authorized to inspect jail and record their
comments on the working and after suggestions for amelioration of conditions prevailing.
Their term of office is usually two years.

All the local members of the Central and State
legislatures, members of the standing committee of the State legislature on jails,
chairman of the central committee of the U.P. Apradh Nirodhak Samiti and secretary of its
district unit, chairman, municipal board and Adhyaksh, Zila Parishad are ex-official
non-official visitors of the jail.

They constitute the board of visitors, which visits
the jail twice a year, on dates fixed by the superintendent of the jail in consultation
with the president and members of the board, the president being the district and sessions
judge.

Lock-ups :- Under
the administrative control of the superintendent district jail, there is a sadar
lock up in Gorakhpur town for under-trail prisoners. A deputy jailor is in the charge of
the lock-up who is assisted by an assistant jailor. A lock-up is also located in the
premises of the collectorate for custody of the prisoners brought from jail to courts to
attend the hearing of their cases and persons sentenced to imprisonment by courts before
they are taken to the district jail. It is supervised by the public prosecutor and is
under the control of the district magistrate. At each police-station also there is a
lock-up under the charge of the station officer concerned. At the headquarters of each
tahsil also there is a revenue lock-up to detain persons for non-payment of government
dues under the revenue law.

Probation :- The
probation scheme was introduced in the district in 1956 under the U.P. First Officer's
Probation Act, 1938, with the posting of a district probation officer. He functions under
the district magistrate in his day work, the general administrative control being of the
Nideshak, Harijan and Samaj Kalyan Vibhag, U.P. He supervises the activities and conduct
of the offenders of the released on probation, ensures their observing the conditions of
the bonds executed by them, makes periodical reports to the courts concerned about their
conduct and progress and in general, befriends them and assists them in their
rehabilitation. The act provides for the release on probation of first offenders who are
below 24 years in age. During the year 1973, the number of non-juvenile offenders
dealt with under the Act and let off after admonition on furnishings bonds was 51. The
number of domicilliary visits paid by the probation officer was 442 and that of inquiries
conducted was 10.

JUSTICE

Near about 1909 the areas now comprising
districts of Gorakhpur and Deoria formed one district of Gorakhpur. The district and
sessions judge, had both civil and criminal jurisdiction in the entire district of
Gorakhpur and also powers of hearing criminal appeals from the Basti district. There were
also the courts of subordinate judge and three munsifs of Gorakhpur, Bansgaon and Deoria
exercising respective jurisdiction. Initially munsifs, Gorakhpur, had his seat at
Mansurganj but with the shifting of the tahsil headquarters to Maharajganj in 1862, the
court was transferred to Gorakhpur. There were also two courts of honorary munsifs. In
1903 village munsifs were appointed in the Gorakhpur tahsil as an experiment. In 1909, the
number of such munsifs for 90 circles was limited to 24 for want of qualified persons.
From August 1, 1945, a separate Judgeship was created in Basti and thenceforth the
judgeship of Gorakhpur included the present judgeship of Gorakhpur and Deoria. Then in the
district existed the permanent courts of district and sessions judge, civil and sessions
judge, judge, small causes court, civil judge, munsifs of Gorakhpur and Bansgaon, both at
Gorakhpur. The temporary courts of an additional civil judge and four additional munsifs
also functioned in the then judgeship of Gorakhpur. Later from September 12, 1964, Deoria
also became a separate judgeship. This pattern is still continuing in the civil judiciary.

At present the civil judiciary consists of a court of
district and sessions judges three of additional district and sessions judge, two of
additional district judge, one each of judge small causes court and civil judge, and that
of munsifs Gorakhpur and Bansgaon. Besides these there are the temporary courts of
additional civil judge and of four additional munsifs. They exercise powers vested in them
under various Acts and statutes.

The position of the case work in the civil courts in
the year 1973, was as under:-----------------------------------------------------------------------------
Cases
No. of suits
-----------------------------------------------------------------------------
Pending at the beginning of the year (1973)
4,927
Instituted during the year
4,175
Disposed of during the year
3,851
Pending at the end of the year
5,251-----------------------------------------------------------------------------

In the same year the numbers of suits instituted
involving immovable property were 1,052, those relating to money and movable property were
1,036, those concerning matrimony were 26 and those relating to mortgage were four.

The number of suits instituted in 1973 according to
valuation was as follows:-----------------------------------------------------------------------------
Valuation
No. of suits
-----------------------------------------------------------------------------
Not exceeding Rs 100
126
Exceeding Rs 100 but not Rs 1,000
1,429
Exceeding Rs 1,000 but not Rs 5,000
417
Exceeding Rs 5,000 but not Rs 10,00
211
Exceeding Rs 10,000 but not Rs 20,000
77
Exceeding Rs 20,000 and over
8-----------------------------------------------------------------------------
Total valuation of the property in the suits so instituted was Rs. 99,43,956.

Details of the modes of disposal of suits in the year
1973 were as follows:-----------------------------------------------------------------------------
Manner of disposal
No. of suits
----------------------------------------------------------------------------- Disposed of after trial
2,056
Dismissed for default
598
Otherwise decided without trial
380
Decreed ex parte
43
On admission of claims
53
On compromise
316
Settlement by compromise
5-----------------------------------------------------------------------------
Total
3,851
-----------------------------------------------------------------------------
The position of appeals instituted and disposed of in the year 1973 was as follows:-----------------------------------------------------------------------------------
Nature of appeals
Pending
Instituted Disposed of
-----------------------------------------------------------------------------------
Regular civil appeals
182
798
295
Miscellaneous civil appeals 95
331
127-----------------------------------------------------------------------------------

Criminal
Justice

Near about 1909 for the administration of criminal justice in the district, there was a
district magistrate, who was assisted by two covenanted assistants and six deputy
collectors having magisterial powers, in addition to six tahsildars. Also there were six
honorary magistrates at Gorakhpur with third class powers individually and as a bench of
two or more. They disposed of petty cases occurring within municipal limits, besides some
others in the rest of the district. The number of magistrates varied with the changes in
the boundaries of the constituent tahsils, sub-divisions and the district itself.

The district and sessions judge constitutes the chief
criminal court of the district. He is assisted in sessions trials by eight sessions
judges. There are also the courts of chief judicial magistrate and of judicial magistrates
Bansgaon, Pharenda and Maharajganj.

Some details of criminal cases relating to the years
1972-1973 are given below:CASES COMMITTED
-----------------------------------------------------------------------------
Nature of offence
No. of cases
-----------------------
1972
1973
-----------------------------------------------------------------------------
Affecting life
108
121
Kidnapping and forcible abduction
13
11
Hurt
18
12
Rape
10
7
Unnatural offences
-
1
Extortion
1
-
Robbery and dacoity
60 83
Other cases
56
54-----------------------------------------------------------------------------
PERSONS TRIED AND SENTENCED-----------------------------------------------------------------------------
Persons tried/ sentenced
1972
1973
----------------------------------------------------------------------------- Tried
1,567
785
Death
6
3
Life imprisonment
151 18
Rigorous imprisonment
266 124
Fined only
3
1
Other punishment
4 ------------------------------------------------------------------------------
The district magistrate exercises first class
magisterial powers and is the executive head of the district. For magisterial work he has
under his control an additional district magistrate (executive), a city magistrate, four
sub-divisional magistrates and an extra magistrates all vested with first class
magisterial powers and the tahsildars having second class magisterial powers. In1973, in
these courts, 20,764 persons were tried 3,332 persons were sentenced to fine and 21 to
other punishments.

The position of cognizable offences under the I.P.C.
and the local Acts in the year 1972 and 1973 was as follows:

The administration of criminal justice is carried on
according to the provisions of the Criminal Procedure Code of 1893, as amended from time
to time. A new code has now replaced the old one commencing from April 1, 1974. This has
introduced some major changes in the magisterial set up, giving more facilities to the
accused and attempting to make the trial simpler and quicker. It has also brought about a
complete separation of the judiciary and the executive.

Separation of
Executive from Judiciary

Partial separation of the executive from the judiciary began with the appointment of the
judicial magistrates about the year 1949 in this district. The post of additional district
magistrate (judicial) was created to control and supervise the work of the judicial
magistrates. The judicial magistrates tried cases under the I.P.C. and suits and
proceedings under the U.P. Zamindari Abolition and Land Reforms Act. Cases under the
preventive sections of Cr. P.C. and the local and special Acts and proceedings under the
U.P. Land Revenue Act continued to be disposed of by the executive magistrates

As a further step towards separation of the judiciary
from the executive the additional district magistrate (judicial) and the judicial
magistrates working under him were transferred to the over all control of the district and
sessions judge, with effect from October 2, 1967. They tried cases under the I.P.C. The
judicial magistrates were to be utilized for law and order duties by the district
magistrate only in an emergency and with the prior approval of the district and sessions
judge. For such emergent occasions, all executive officers posted in the district were
vested with first class magisterial powers and all naib tahsildars with second class
powers, in order that they may be effective in the maintenance of law and order. The
process has found its logical culmination in the new code of criminal procedure, which
ensures an almost absolute separation. The executive magistrates have now entirely been
relieved of their judicial functions and are to perform only executive duties and try
preventive cases essential for the maintenance of public peace, law and order. This
includes the trial of cases under some of the preventive sections of Cr.P.C.

Nyay Panchayats

Panchayati adalats now called nyay panchayats were
established in the district in 1949, under the U.P. Panchayati Raj Act, 1947 to entrust
village people with the adjudication of petty offences and minor civil disputes locally.
The jurisdiction of a nyay panchayat usually extends over an area of five to ten Gram
Sabhas depending on the population of the constituent villages. The number of nyay
panchayats in the district was 293 in 1973.

The panchs of nyay panchayats are nominated from
amongst the elected panchs of the gram panchayats by the district magistrate with the
assistance of an advisory body. These panchs elect from amongst themselves the sarpanch,
who is the presiding officer and a sahayak sarpanch. In 1973, there were 293 sarpanchs, an
equal number of sahayak sarpanch and 5800 panchs of the nyay panchayats in the whole
district.

The panchs are honorary workers and hold office for a
period of five years. Their term can be extended by an year by State Government. The cases
are heard and disposed of by benches consisting of five panchs each and constituted by the
sarpanchs annually. The presence of at least three panchs including a sarpanch at each
hearing is essential.

The nyay panchayats are empowered to try cases as
given below :

(a) All cases under U.P. Panchayati Raj Act, 1947.
(b) The following sections of I.P.C.

(c) Section 24 and 26 of the Cattle Trespass Act,
1871.
(d) Subsection 1 of section 10 of the U.P. District Board Primary Education Act, 1926 and
(e) Section 3, 4, 7 and 13 of the Public Gambling Act, 1867.

The nyay panchayats also have original jurisdiction
to try civil suits up to a valuation of Rs. 500 and any dispute not pending in any court
in accordance with some settlement, compromise on oath, if the parties concerned agree in
writing in such a course. They are not authorized to award sentences of imprisonment and
can impose fines up to hundred rupees only. Revision applications against their decisions
in criminal and civil cases lie respectively to the munsif and sub-divisional officer
concerned.

The number
of cases instituted in the nyay panchayats and disposed of by them during the years
1969-70 to 1973-74 was as follows :

-------------------------------------------------------------------------------------------------------
Year Cases pending at the Cases
instituted during Cases disposed of
beginning
of the year the year
during the year
-------------------------------------------------------------------------------------------------------
1969-70 149
1736
1632
1970-71 253
1509
1628
1971-72 134
1143
1125
1972-73 152
105
74
1973-74 183
67
107-------------------------------------------------------------------------------------------------------